Yangon Region High Court passed an interim order to continue recording of statement given by prosecutor in the case of former Advocate General Han Htoo and four others in which comedian Aung Ye Htwe was murdered.
Former advocate general Han Htoo and the four were produced before the court for the seventh time at Yangon High Court on November 16 and the court passed its interim order in response to an objection made by defence counsels.
Defence counsel Advocate Min Sein who represents former Advocate General Han Htoo said, “The court passed the order today. We made an objection to the court as the statement was hearsay and the statement was recorded by police (police paper) so that it should not be recorded (as evidence). But the court passed the order saying it can be recorded.”
The defence counsels presented their objection to the court under section 162 of the Criminal Procedure Code (CrPC) claiming the prosecutor’s statement was inconsistent with the law and the statement was recorded by police.
The court’s interim order says the objection made by the defence party was rejected and ordered to continue the recording of a statement made by prosecutor on the grounds that the Anti-Corruption Law is special law and it is not concerning with CrPC.
Although the former Advocate General Han Htoo and four others have been examined in seven hearings up until November 16 the examination of the prosecutor has not yet been concluded.
Advocate Min Sein said, “It may be because of having limited time in the hearing and both parties submitted objection and we had to give arguments in response to them. The judge can pass an order only after hearing the arguments made by both parties.”
Former Yangon Region Advocate Genearl Han Htoo, Region Law Officer Thein Zaw, District Law Officer Ko Ko Lay, Deputy District Law Officer Thit Thit Khin, Judge Aung Kyi and Police Inspector Chit Ko Ko were accused of accepting over 70 million kyat as bribes in quid pro quo of discharging three accused in comedian Aung Ye Htwe murder case. After this, the Anti-Corruption Commission registered a case against the accused on 13 September this year.